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Thierry Granturco

Thierry Granturco est avocat aux Barreaux de Paris et de Bruxelles, spécialiste de droit du sport. Il est actif dans le milieu du football professionnel depuis plus de 20 ans après avoir lui-même joué à haut niveau à l'Olympique Lyonnais (OL).

Tachographs, data privacy and declaration to the national data protection authorities in France

The treatment of data coming from a tachograph installed in road transport vehicles are now subject to a declaration exemption by the NCIL (Exemption No. 19), whenever they have the sole purpose of controlling the use of vehicles in accordance with the regulations, including the social legislation (in compliance with …

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od-alcohol limits and non-utilisation of the tachograph in France

A bus driver was stopped by police. It turned out that besides the lack of tachograph records, the breath test on the electronic device measuring the alcohol levels in the blood was positive (alcohol levels greater than 0.20 g/litre of blood). The breath test was performed using a breathalyser. However, …

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Freelance and Employees in the French road transport sector

A self-employed driver, registered as a carrier and car rental company, reported in Court to be in a relationship of permanent legal subordination to his only customer. So he claimed employee status. The Labour Court, feeling incompetent in the matter, filed an objection. It appeared that the driver was bound …

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Professional drivers withdrawal of driving licenses and working conditions in France

Following the loss of his driver’s license points, a messenger who informed his employer was laid off from his job. The Court of Appeal of Paris attributes the tort to the employer. The Agreement of 13 November 1992 on the penalty point on driving licenses (Art. 2) that applies to …

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Transport of passengers versus competition law

The French Competition Authority has decided after a year-long public consultation process to issue a notice on the regular interregional bus market. In this notice the independent administrative authority makes a number of recommendations, which should encourage a form of mobility that appears to be still little developed in France. …

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Scanned discs, working hours and salaries in France

The Court of Appeal of Nîmes has ruled that the scanning of tachograph records, as it is considered by the Court a highly secure operation unless a falsification is performed, prevails when operated by the provider chosen by the employer in case of discording results of the same scanning by …

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How can a drive prove his working hours with tachograph data?

The Supreme Court has ruled that the trial court, used normally in the discretion left to them by Article L. 3171-4 of the Labour Code concerning the evidence of the existence of supplementary hours of work, in deciding that the driver’s request for a payment of these hours, does not …

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Football: pourquoi Arsène Wenger a tort de ne pas s’excuser d’avoir bousculé Mourinho

Les images d’Arsène Wenger en venant aux mains avec José Mourinho lors du match Chelsea-Arsenal ont fait le tour du monde. Si les amateurs de football sont habitués aux frasques de Mourinho, ils sont moins habitués à voir l’entraîneur français sortir inconsidérément de ses gonds. La réputation des protagonistes ne …

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Cloud Computing and data transfers outside the EU

If Cloud computing represents a major shift for IT services and offers many advantages, among which the pooling of hosting and operating costs, it is also a source of new risks, especially as regards security issues, provider qualification, applicable law and transfer of data outside the EU. However, many national …

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Data exchange between Member States

The principle of information exchange between Member States to allow cross-border prosecution of violators of certain traffic offences is not questioned. The focus of the ruling of 6 May 2014 is elsewhere. It repeals Directive 2011/82/EU, which contains the tool, on the grounds that it falls not so much under …

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